Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)

Juridical Analysis Towards the Position of Children Born Out of Wedlock Based on Case Decision Number 1/Pdt.P/2018/Pa.Jb And 0269/Pdt.P/2018/Pa.Sda Reviewed from the Decision of The Constitutional Court Number 46/Puu-Viii/2010

Authors
Ahmad Redi1, *, Laurent Chandra1
1Faculty of Law, Universitas Tarumanagara, Jakarta, Indonesia
*Corresponding author. Email: ahmadr@fh.untar.ac.id
Corresponding Author
Ahmad Redi
Available Online 21 April 2022.
DOI
10.2991/assehr.k.220404.084How to use a DOI?
Keywords
marriage; children born out of wedlock; child protection; child rights
Abstract

Legal protection towards children born out of wedlock is something that needs to be the attention of the family, the State and the community. The State is obliged to provide legal protection towards children born out of wedlock even though the marital status of the parents is still disputed. The unrecognition of children born out of wedlock has a negative impact on the child himself/herself, namely the child cannot obtain biological rights with his/her father hence he/she does not get his/her civil rights from the father and his/her father’s family. However, with the decision of the Constitutional Court Number 46/PUU-VIII/2010, the Legal Consequences of children born out of wedlock not only have biological relationships with their mothers but also with their biological fathers and regulate the rights protection towards children born out of wedlock therefore the rights of children born out of wedlock become equal to children born legally. The research method used in this study is Normative Juridical with the consideration that the starting point of research analysis on Laws and regulations in Indonesia. This study aims to learn and understand how legal protection works for children born out of wedlock. The conclusion is that with the decision of the Constitutional Court Number 46/PUU-VIII/2010, the biological relationship between children born out of wedlock with their Father can be proven through technology or DNA tests. The State has sufficiently provided Protection for children that has been stipulated in some provisions of the legislation, but the main role of the family is necessarily needed, especially parents in order to be willing to accept and legalize the child hence the child can obtain the rights that he should receive.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Download article (PDF)

Volume Title
Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 April 2022
ISBN
10.2991/assehr.k.220404.084
ISSN
2352-5398
DOI
10.2991/assehr.k.220404.084How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

TY  - CONF
AU  - Ahmad Redi
AU  - Laurent Chandra
PY  - 2022
DA  - 2022/04/21
TI  - Juridical Analysis Towards the Position of Children Born Out of Wedlock Based on Case Decision Number 1/Pdt.P/2018/Pa.Jb And 0269/Pdt.P/2018/Pa.Sda Reviewed from the Decision of The Constitutional Court Number 46/Puu-Viii/2010
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 538
EP  - 544
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.084
DO  - 10.2991/assehr.k.220404.084
ID  - Redi2022
ER  -